The psychological harm that occurs as a result of an accident – which may be as serious or even more so than physical injuries – may be far more difficult to diagnose and treat, and is so misunderstood that seeking compensation can be an uphill battle.
Further affecting your ability to receive proper compensation after an injury is the continuing stigma of emotional distress. But just like any other injury, psychological harm after a trauma is not only normal, but is often expected. Symptoms of psychological distress can include feelings of anxiety, restlessness and insomnia, depression, and even, depending on the nature of the trauma, symptoms of post-traumatic stress disorder (PTSD). These ailments can make it difficult or impossible to work at your previous levels of productivity, and can cause disruptions in your closest relationships. For these reasons, the courts are increasingly willing to recognize and to award compensation for psychological harm, even when physical injuries may be minor or altogether absent.
The threshold test to determine whether compensation is appropriate for psychological injuries which have been suffered limits claims to those that involve injuries that are serious, prolonged and which affect the day-to-day life of an accident victim.
Like society as a whole, the legal system is evolving in its appreciation of psychological injuries arising from an accident. As society’s understanding of emotional and mental illness expands, so too will the rights of accident victims to successfully seek compensation for those conditions caused by the negligence of another person.
If you have experienced profound psychological harm as a result of an accident or trauma – even if you experienced no physical injuries – you may be entitled to compensation under Canadian law.
To learn more, book a no-obligation, free consultation with the experienced legal team at Mackesy Smye.
Long-term disability (LTD) claims can be complicated legal matters that rely on a claimant’s ability to prove the extent of their disability. Read this post to learn more about disability law here in Ontario and why your case needs to be reviewed by experienced counsel.Read Article
In Ontario, short-term and long-term disability policies protect people in many of the same ways. Read this post to learn how to carefully navigate the world of short-term and long-term disability benefits here in Ontario.Read Article
CPP eligibility guidelines are confusing, and it can be a long, arduous process that often results in claim denial. Give yourself the best chance of approval by understanding the process and what you need to submit. Read this article to help your claim meet each requirement and ensure you receive the assistance you need.Read Article
If you are suffering from an injury or medical condition that has rendered it impossible for you to work, you may need to start by identifying which benefits you qualify for. This article provides a step-by-step look at what disability benefits are available in Ontario - click to read more.Read Article
Filing a disability claim can be frightening not only due to your injuries but also because of the implications that may be inferred by peers and future employers. If the injury occurred due to a workplace conflict, a personal injury lawyer in Hamilton can help you and ensure that you get through it with ease. Read this article and learn how.Read Article
According to the latest studies, one in five Canadians will experience a mental illness or addiction at some point in their adult lives. In fact, Health Canada states that mental illness is the second leading cause of disability in Canada. The Institute of Health Economics reports that on any given week at least 500,000 employed Canadians are unable to work due to mental illness.Read Article